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Opinion 679

Question Presented

May a lawyer renegotiate his fixed, flat fee for representing a client in litigation after the litigation is underway if the matter turns out to be greater in scope and complexity than the lawyer and client contemplated?

A Texas lawyer and his client agree in writing to a fixed, flat fee for the lawyer to represent the client in litigation.  During the representation, the complexity and scope of the matter increase significantly beyond what the lawyer and client contemplated at the start of the engagement.  The lawyer now wishes to renegotiate the fee arrangement.

Bluebook Citation

Tex. Comm. On Professional Ethics, Op. 679 (2018)